By: Derek Hawkins//November 25, 2015//
Criminal
7th Circuit Court of Appeals
Officials: POSNER, SYKES, and HAMILTON, Circuit Judges.
Sufficiency of Evidence – Writ of Habeas Corpus
142320 Vernard Crockett v. Kim Butler
Appellant claims denied for default.
“Reversal of the attempted armed robbery conviction was a needed foundation for the Jackson challenge to the murder conviction, but the Illinois court did not act unfairly by find- ing that Crockett still could have raised both challenges in the same appeal. Parties frequently raise contingent arguments simultaneously. In fact, Crockett actually raised a different argument in his first appeal that, like his new Jackson challenge, hinged on a favorable outcome to his corpus delicti challenge to his attempted armed robbery conviction. He argued—successfully—that if the appellate court reversed his attempted armed robbery conviction, it should also remand the case for re-sentencing on the remaining murder conviction to ensure the improper robbery conviction did not influence the original sentence. There is no reason he could not have done the same with the contingent Jackson challenge he raised in the second appeal. The Illinois Appellate Court’s application of the First Appeal Rule to his case therefore was not “unexpected” or “freakish.” As an adequate and independent state law ground for the court’s decision, it bars federal review of the merits of Crockett’s Jackson challenge.”
Affirmed